I've Been Acquitted of Criminal Charges- Now What?

By
Shaffer & Engle Law Offices LLC
|June 30, 2011

There's a quote that fits..."so where can I go to get my good
name back?"

By Attorney
Jeffrey B. Engle, Managing partner

I recently represented an individual that was wrongfully accused of a crime (see 'Breaking News' clip from Fox 'N' Friends-
'Mom Could Get Jail for Boarding Bus'). It was evident that the District Attorney failed to properly investigate
the facts before authorizing the police to initiate criminal prosecution.
He was irresponsible. The power of the state that the District Attorney
holds to have individuals charged with crimes is an awesome power. However,
with great power comes an even greater responsibility. So, what can someone
do if they have been wrongfully accused and the charges end up being dropped?

In Pennsylvania, an individual has the right to have their arrest record
expunged if they are acquitted (found 'not guilty') of the charge(s)
or it has been
nolle prossed (dismissed upon application by the DA).
The District Attorney has no alternative but to permit this to happen. The police have no right to prohibit this from happening either. A petition
has to be filed with the court requesting that the arrest record be expunged.
Once granted, this means that the fingerprint cards, photo or 'mug
shot' and any biographical data maintained of record with the police
department, State Police (Bureau of Criminal Information) or national
records (National Criminal Information Center) have to be destroyed.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.